VICP Registry Case Source Bundle
Canonical URL: https://vicp-registry.org/case/USCOURTS-cofc-1_19-vv-00584
Package ID: USCOURTS-cofc-1_19-vv-00584
Petitioner: Christine Sartorelli
Filed: 2019-04-18
Decided: 2020-08-28
Vaccine: influenza
Vaccination date: 2018-01-15
Condition: shoulder injury related to vaccine administration (SIRVA)
Outcome: compensated
Award amount USD: 46495

AI-assisted case summary:
Christine Sartorelli filed a petition for compensation under the National Vaccine Injury Compensation Program on April 18, 2019, alleging she suffered a shoulder injury related to vaccine administration (SIRVA) after receiving an influenza vaccination on January 15, 2018. The respondent, the Secretary of Health and Human Services, filed a Rule 4(c) report conceding that Ms. Sartorelli was entitled to compensation. The respondent agreed that Ms. Sartorelli suffered a SIRVA that fell within the Table timeframe and satisfied all legal prerequisites for compensation under the Act. Chief Special Master Brian H. Corcoran issued a Ruling on Entitlement on May 18, 2020, finding Petitioner entitled to compensation based on the respondent's concession. Subsequently, on July 29, 2020, the respondent filed a proffer on the award of compensation. The proffer proposed an award of $46,495.18, consisting of $45,000.00 for pain and suffering and $1,495.18 for past unreimbursed expenses. Ms. Sartorelli, identified as a competent adult, agreed with this proffered award. Chief Special Master Corcoran accepted the proffer and awarded Ms. Sartorelli the lump sum of $46,495.18 in the form of a check payable to her. The decision does not describe the specific onset of symptoms, medical examinations, or treatments. Petitioner was represented by John Robert Howie, Jr. of Howie Law, PC, and the respondent was represented by Lara Ann Englund of the U.S. Department of Justice.

Theory of causation field:
Petitioner Christine Sartorelli alleged a shoulder injury related to vaccine administration (SIRVA) following an influenza vaccination on January 15, 2018. The respondent conceded entitlement, agreeing that the injury was a "Table SIRVA" and that all legal prerequisites were met, including satisfaction of the six-month sequela requirement. The public decision does not detail the specific mechanism of injury, medical experts, or clinical findings. Chief Special Master Brian H. Corcoran issued a ruling on entitlement on May 18, 2020. On July 29, 2020, a stipulation and proffer on award of compensation was filed, proposing a lump sum award of $46,495.18, comprising $45,000.00 for pain and suffering and $1,495.18 for past unreimbursed expenses. Petitioner agreed to this award. Chief Special Master Corcoran accepted the proffer and awarded the lump sum. Petitioner was represented by John Robert Howie, Jr., and respondent by Lara Ann Englund.

Public staged source text:

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DOCUMENT 1: USCOURTS-cofc-1_19-vv-00584-0
Date issued/filed: 2020-06-24
Pages: 2
Docket text: PUBLIC ORDER/RULING (Originally filed: 05/18/2020) regarding 18 Ruling on Entitlement Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00584-UNJ Document 20 Filed 06/24/20 Page 1 of 2
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0584V
UNPUBLISHED
CHRISTINE SARTORELLI, Chief Special Master Corcoran
Petitioner, Filed: May 18, 2020
v.
Special Processing Unit (SPU); Ruling
SECRETARY OF HEALTH AND on Entitlement; Concession; Table
HUMAN SERVICES, Injury; Influenza (Flu) Vaccine;
Shoulder Injury Related to Vaccine
Respondent. Administration (SIRVA)
John Robert Howie, Howie Law, PC, Dallas, TX, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
RULING ON ENTITLEMENT1
On April 18, 2019, Christine Sartorelli filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.,2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on
January 15, 2018. Petition at 1. The case was assigned to the Special Processing Unit
of the Office of Special Masters.
On May 18, 2020, Respondent filed his Rule 4(c) report in which he concedes
that Petitioner is entitled to compensation in this case. Respondent’s Rule 4(c) Report
at 1. Specifically, Respondent has concluded that Petitioner suffered a Table SIRVA.
1 Because this unpublished ruling contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of
Electronic Government Services). This means the ruling will be available to anyone with access to
the internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to
redact medical or other information, the disclosure of which would constitute an unwarranted invasion of
privacy. If, upon review, I agree that the identified material fits within this definition, I will redact such
material from public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for
ease of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. §
300aa (2012).

Case 1:19-vv-00584-UNJ Document 20 Filed 06/24/20 Page 2 of 2
Id. at 3. Respondent further agrees that “the statutory six month sequela requirement
has been satisfied” and “[P]etitioner has satisfied all legal prerequisites for
compensation under the Act.” Id.
In view of Respondent’s position and the evidence of record, I find that
Petitioner is entitled to compensation.
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
2

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DOCUMENT 2: USCOURTS-cofc-1_19-vv-00584-1
Date issued/filed: 2020-08-28
Pages: 4
Docket text: PUBLIC DECISION (Originally filed: 07/29/2020) regarding 23 DECISION Stipulation/Proffer Signed by Chief Special Master Brian H. Corcoran. (sw) Service on parties made.
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Case 1:19-vv-00584-UNJ Document 27 Filed 08/28/20 Page 1 of 4
In the United States Court of Federal Claims
OFFICE OF SPECIAL MASTERS
No. 19-0584V
UNPUBLISHED
CHRISTINE SARTORELLI, Chief Special Master Corcoran
Petitioner, Filed: July 29, 2020
v.
Special Processing Unit (SPU);
SECRETARY OF HEALTH AND Damages Decision Based on Proffer;
HUMAN SERVICES, Influenza (Flu) Vaccine; Shoulder
Injury Related to Vaccine
Respondent. Administration (SIRVA)
John Robert Howie, Jr., Howie Law, PC, Dallas, TX, for petitioner.
Lara Ann Englund, U.S. Department of Justice, Washington, DC, for respondent.
DECISION AWARDING DAMAGES1
On April 18, 2019, Christine Sartorelli filed a petition for compensation under the
National Vaccine Injury Compensation Program, 42 U.S.C. §300aa-10, et seq.2 (the
“Vaccine Act”). Petitioner alleges that she suffered a shoulder injury related to vaccine
administration (“SIRVA”) as a result of an influenza (“flu”) vaccination administered on
January 15, 2018. Petition at 1. The case was assigned to the Special Processing Unit of
the Office of Special Masters.
On May 18, 2020, a ruling on entitlement was issued, finding Petitioner entitled to
compensation for SIRVA. On July 29, 2020, Respondent filed a proffer on award of
compensation (“Proffer”) indicating Petitioner should be awarded $46,495.18 (consisting
of $45,000.00 in pain and suffering and $1,495.18 in past, unreimbursed expenses).
Proffer at 1. In the Proffer, Respondent represented that Petitioner agrees with the
1 Because this unpublished decision contains a reasoned explanation for the action in this case, I am
required to post it on the United States Court of Federal Claims' website in accordance with the E-
Government Act of 2002. 44 U.S.C. § 3501 note (2012) (Federal Management and Promotion of Electronic
Government Services). This means the decision will be available to anyone with access to the
internet. In accordance with Vaccine Rule 18(b), Petitioner has 14 days to identify and move to redact
medical or other information, the disclosure of which would constitute an unwarranted invasion of privacy.
If, upon review, I agree that the identified material fits within this definition, I will redact such material from
public access.
2 National Childhood Vaccine Injury Act of 1986, Pub. L. No. 99-660, 100 Stat. 3755. Hereinafter, for ease
of citation, all “§” references to the Vaccine Act will be to the pertinent subparagraph of 42 U.S.C. § 300aa
(2012).

Case 1:19-vv-00584-UNJ Document 27 Filed 08/28/20 Page 2 of 4
proffered award. Id. Based on the record as a whole, I find that Petitioner is entitled to an
award as stated in the Proffer.
Pursuant to the terms stated in the attached Proffer, I award Petitioner a lump
sum payment of $46,495.18 (consisting of $45,000.00 in pain and suffering and
$1,495.18 in past, unreimbursed expenses) in the form of a check payable to
Petitioner. This amount represents compensation for all damages that would be available
under § 15(a).
The clerk of the court is directed to enter judgment in accordance with this
decision.3
IT IS SO ORDERED.
s/Brian H. Corcoran
Brian H. Corcoran
Chief Special Master
3 Pursuant to Vaccine Rule 11(a), entry of judgment can be expedited by the parties’ joint filing of notice
renouncing the right to seek review.
2

Case 1:19-vv-00584-UNJ Document 27 Filed 08/28/20 Page 3 of 4
IN THE UNITED STATES COURT OF FEDERAL CLAIMS
OFFICE OF SPECIAL MASTERS
CHRISTINE SARTORELLI, )
)
Petitioner, )
)
v. ) No. 19-584V
) Chief Special Master Brian Corcoran
SECRETARY OF )
HEALTH AND HUMAN SERVICES, )
)
Respondent. )
)
RESPONDENT’S PROFFER ON AWARD OF COMPENSATION
On May 18, 2020, respondent filed a Vaccine Rule 4(c) report concluding that petitioner
suffered a Shoulder Injury Related to Vaccine Administration within the Table timeframe
following an influenza vaccination, and conceding petitioner’s entitlement to compensation
under the National Childhood Vaccine Injury Act of 1986, as amended, 42 U.S.C. §§ 300aa-10
to -34. Accordingly, on May 18, 2020, the Chief Special Master issued a Ruling on Entitlement.
I. Items of Compensation
Respondent proffers that petitioner should be awarded $46,495.18, consisting of
$45,000.00 in pain and suffering and $1,495.18 in past, unreimbursed expenses, which amount
represents all elements of compensation to which petitioner would be entitled under 42 U.S.C.
§ 300aa-15(a). Petitioner agrees.

Case 1:19-vv-00584-UNJ Document 27 Filed 08/28/20 Page 4 of 4
II. Form of the Award
Respondent recommends that the compensation provided to petitioner should be made
through a lump sum payment of $46,495.18 in the form of a check payable to petitioner.1 This
lump sum payment represents all elements of compensation to which petitioner would be entitled
under 42 U.S.C. § 300aa-15(a). Petitioner agrees.
Petitioner is a competent adult. Evidence of guardianship is not required in this case.
Respectfully submitted,
JOSEPH H. HUNT
Assistant Attorney General
C. SALVATORE D’ALESSIO
Acting Director
Torts Branch, Civil Division
CATHARINE E. REEVES
Deputy Director
Torts Branch, Civil Division
ALEXIS B. BABCOCK
Assistant Director
Torts Branch, Civil Division
s/ LARA A. ENGLUND
LARA A. ENGLUND
Senior Trial Attorney
Torts Branch, Civil Division
U.S. Department of Justice
P.O. Box 146 Benjamin Franklin Station
Washington D.C. 20044-0146
Tel: (202) 307-3013
E-mail: lara.a.englund@usdoj.gov
Dated: July 29, 2020
1 Should petitioner die prior to entry of judgment, the parties reserve the right to move the Court
for appropriate relief. In particular, respondent would oppose any award for future medical
expenses, future pain and suffering, and future lost wages.
2